Whether it is ancestral property?
Querist :
Anonymous
(Querist) 02 April 2023
This query is : Resolved
The property came from my uncle to my father , is it ansisteral property ? , can my sister claim share in property ? Property transferred in my name 50 years ago and till today on my name
Sudhir Kumar, Advocate
(Expert) 02 April 2023
when property came to your father/
how came to your father?
how old was his sister at that time?
how property came to uncle?
how it came to you?
Querist :
Anonymous
(Querist) 02 April 2023
Property came from my uncle to my father, my uncle property came from his grandmother, my sister 3 years old , my father died in the year 1964, so my uncle transferred some property to my name
Isaac Gabriel
(Expert) 02 April 2023
From your statement it is clear there is no parental documents.In such an event it is supposed to be ancestral property.
T. Kalaiselvan, Advocate
(Expert) 02 April 2023
If your father had not transferred the property to your name by a registered document and it was orally transferred to your name then your sister has a right to claim a share in that property since your father will be considered to have died intestate.
In order to nullify her claim you have to produce documentary evidence to prove that this property was transferred to your name by your father through a registered document.
Querist :
Anonymous
(Querist) 02 April 2023
What is the difference between joint family assets and ansisteral property?
T. Kalaiselvan, Advocate
(Expert) 02 April 2023
The property inherited by a Hindu from his father's father and father's is ancestral property.
A joint Hindu Family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. Joint Hindu Family is controlled by the head of the family and is called Karta.
Possession of a joint family property is not a necessary requisite for the constitution of joint family. It is true that for the existence of a joint family, the family need possess no property. The chord that knits the members of the family together is not property but the relationship. Hindus get a joint family status by birth and the joint family property is only an adjunct of the joint family.
A presumption has always been in favour of joint Hindu undivided family property unless it is proved to the contrary.
Ancestral Property means Property inherited from paternal ancestor-All property inherited by a male Hindu from his father, fathers father or fathers fathers father, is ancestral property and any property inherited by a person from any other relation is his separate property
P. Venu
(Expert) 14 April 2023
In the absence of material facts, your posting is a riddle than query. Please post complete facts.
